Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-11-06

We DisiTic9 Cuagi yenfaeaay n he n.aa.
Ter 81 lhs nppsioaffcn e ths Unises
slatos fsE 90 Iuianeti1n aenfnsf he
Nosthefn Faoias railsoaa eompany SD
otb1E1. 8 restrain lkann from eutifne
ilmnek e. Norel nnaeDt lands. were
/ D1da g1alsE11y. Il wiiI ba Eeneuzk aesd
th1 aMl&4gIt nas fnKth thai timber - the
FaIne 81 about H8Ioo1fco had already
beeu cek and thai 4 nos halnn nua and
FenDged ~ the conlraotors under fhe
oafen64nt sompa1g q ne aNaTHEata
rate 81 ehou11nda 81 cellars each dsy.
uniied STATES District AttaEnsy WhE1e
steted - TIE Ocurt thai u osdeF 10
ascid eonfaHiCn tbs exacl status 81 kh2
eaze ak8nla be understood. He ex-
plainea th1l ~ 0Eikinal SPECIFICATION u
tbs Unlfed states Has Tor 90 fniuuclion
% re fnn Eztens prayed for IL the iii
Of eompiainti that z temporary restrain
Ina uaa REanlsd only e. % q paEi q he
prayer 81 fhe blii Of complaint and
eRAln1l Only Maa1ra. Johngon and
AeonaEdi ihal CO ne part Of Lson1rd,
one o. The defendants. 3 demurrer to
tfs oomplnfnt vas nied claiming THAI
title TIE platnts4 60 equitable F8lief.
NJ. waits dssiEsd % disssf bis area-
ment IN Support Of she arplioasion for
Al iDfancfior, this nrQurnont necessarily
iinvalvinR. althoueh not specifically, An
argument ca the LEGAL Quoatiens raised
~ tbs demurrer. This being under
stood the other attoruayg consented,
while not waving their right 10 be-
beard en- The demurrer.
Tbs demurrer vas Gfed Is oaufion-
arg neasure. said Judge 6reene. whol
Represented the defendant Frederick
Leonard.
Ths aERameut on the part Of fhe
Unifed States is Substantially as fol-
lows: The lands involved IN this salt
are valuable only for the timber, and
when the timbg Il renewed the land il
Ealueleaa, and She loss attending the
removal Of the timbcr II not Of q tenn
pofnfg character. The troapass 10 not
oniY destFuctive but h eoufin1ons. The
| prinoipal defendant Is the Northern
Pacific Rallroad Oompany. Tho other
/ defendants are employees, and whether
l employees OF not, there is an active par
,tislpAtion and an adoption b. chs chief
| tfcepAeseF, namely. the defendant CON-
pany. TINS suit Il for an iniuneiion
against the chief tfeapaageF end for an
| account, hnd it Il against the other de-
Pendants only 20 far IS they aid the
chief tFsspaassr.
The main question Il, Had the Nozth-
eFn Raolho Oomp ny tbe right SITTER Ju-
lyA, 1879. 10 cut timber from these
landgf 70 depends on the construction
Of fhe reads oharttr. A donation Of
The pablo domain for any purpose is
verae 70 the government mast
prove title. The oompnny's char
| teE confeKa thEee groups Of thineF,
IfW9aaeetinR The lands, 10 vii: Riahtsi
Grants. anch a. roadway, depos
grounds and alternate sessions OF che
public lands, odd Numbers within eeE-
| tain limits; aud Privileges, such az Au-
| thprity 10 Taxa from pabltn lauds ad-
jaeent TO The line Of the road, earth,
stone and timber for the construction
| thereof, These rights, grants and
/ privileges are separate and distinct, and
are not necessarily dependent one on
another.
The grants, according 10 set az Goa
REess July 2, 1854, section two, Included |
| two hundred fest in width on each side |
Of The railroad, where it passes through |
the public domain (from which earth, |
stone aud timber eonld be lawfully re- |
moved for the construction OF the |
road. Section three Of the same act |
granted every alternate section Of land |
within designated limits. In the act
the granting goEtB are, 'sbe and Is |
hereby granted and these are ad- /
mitted TO be words Of the present grant, |
and these words, Il Is claimed, granted |
10 the defendant company an Hbaolute.
nen-forfeilable title. Tbs grant took
eject When the act was approved. A
10 the estate 10 the land, " the road
was not oompleted within the time lin |
tied b. the oct, any forfeiture Of sach |
/ interest can be asserted only By the |
United States through Judicial proceed |
inRs. 10 Ia arnued on ibs part Of the
gogeFnment that II section three is con-
ssrued aa granting an absolute title. how
can lhnt construction be Feconeiled with
section four. which provides that pat
onts shall be issued 10 the company,
eenseyin@the land TO Il a. fast as every
twenty ave miles Of the road u CON-
pleled. the latter land being granted b.
the government by The same woFds, "te
and IA hereby granted THIS grant
vas liable 10 forfeiture aud vas not alb
soluls from the time the set Of Con-
/ ggens vas approved. This ArpuuG nt
holds that the company, b. reason Of
non-reFfurmAnce Of the conditions Ia
tie charter as 20 time Of construction.
forfeited ia land grant 70 the axtent Of
the non. performance Of these condi-
lions.
| Tue argument anticipated tho eita-
ton BY the defense Of the decision Of
the Montana Suprene Court Ia the oass
Of the United States against the
Northern Pacific Company, Ia vhich
The Court held the company interest Ia
- rnfe -
United States. aud that In the absence
Of q survey there was no means % de-
tsEmining that the company vas not
n eultieC "a ewn timber. 40 account for
timber cat ID that case vas refused. 10
vas argued yesterday that II the uonst
adoga she vieW taken by the Montana
Court, a. 30 the nature Of the grant, the
present bill Of complaint may not he
good FOR IN accounting; bat the Uuited
states ia entitaed 10 the Injunction, 80
that the tract should be preserved IN
tact until The shares are identified.
AZ to the privileges GRANTEES BY the
cot with respect 20 removing earth,
stone and timber from the strip Of land
tWo hundred feet vide on each side Of
the road, the Language b = mere az
thoFity 10 enter On the public lands adj
iacent 30 the line under construction,
and does not give en- interest n the lard
itself. There being no estate 10 the
land itself the AW itself placed liTuit
on the license, and no Judicial pro
eesdina vas necessary. sa is given On
conditions and Is inopeFstive unless the
: ounaltleBa sre perfected. See aas OF
Congress July 2. 1854, section 5: jltnt
resolution Of O0ngress, July /.
1858, 10 statutes 81 lsERe
page s6S. The license has
Terminated By the happening Of q cen.
tineency which by lac attached to the
liceDee Rt tie creation, aud herco, after
July 4. 1873, the date when the fOaa vas
required 70 be completed. the coDpaEy
, had no authority 80 oaa timber for con
stfuuiion purposes on public lands.
The third position urged on She p2ri
81 The aovegnment i that II the ccurt u
, Of he opinion that ths Northern Pacific
Company hes sliEl power aad authority
20 take timber for construction ff0m
the public lands IL hss this right oOly
under section twp Of tts chaFteE na1 not
under eAe general ac9 Of March ), 1875
as st. et Large ts2l. because the latter
3 fNuFNaaiV exrRpss railroad coInp8n ie8